Oil Stockpiling Act 2012 - Ebg 2012

Original Language Title: Erdölbevorratungsgesetz 2012 - EBG 2012

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78. Federal Law on the keeping of minimum stocks of crude oil and petroleum products (Petroleum Stock Act 2012-EBG 2012)

The National Council has decided:

table of contents

Section 1

Principles

§ 1. Constitutional provision

§ 2. Reference to Union law

§ 3. Definitions

Section 2

Obligation to stock and to be held in advance

§ 4. Pre-rattled

§ 5. Scope of the obligation to supply

§ 6. Substitution

§ 7. Compliance with the obligation to supply

§ 8. Takeover of the storage obligation by warehousekeepers

§ 9. Central storage facility

§ 10. Merger and insolvency

Section 3

Import and Export

§ 11. Import

§ 12. New import of the import

§ 13. Setting the import

Section 4

Storage

§ 14. Storage of mandatory emergency reserves

Section 5

Reports, surveys and statistics

§ 15. Annual report and monthly import notification

§ 16. Monthly reporting on the status of compulsory emergency reserves

§ 17. Notification of storage capacities

§ 18. Recording requirements

§ 19. Surveys to fulfil international obligations

§ 20. Statistics

§ 21. Data transmission by electronic means

§ 22. Use of statistical results

6.

Control

§ 23. Testing of stocks

Section 7

Criminal provisions

§ 24. Breach of the obligation to supply

§ 25. Criminal offences

§ 26. Disclosures of data

§ 27. Participation of the Federal Police

8. Section

Power plant stock

§ 28. Fuel supply of power plants

Section 9

Transitional and final provisions

§ 29. Costs in case of official price fixing

§ 30. Transitional provisions

§ 31. Enforcement

§ 32. entry into force

Section 1

Principles

Constitutional provision

§ 1. ( Constitutional provision ) The release, amendment, repeal and enforcement of regulations, as contained in this federal law, are also in the matters of federal matter, with regard to which the Federal Constitutional Law, BGBl. No. 1/1930, something else determined.

Reference to Union law

§ 2. This law lays down Directive 2009 /119/EC on the obligation of Member States to maintain minimum stocks of crude oil and/or petroleum products, OJ L 327, 22.11.2009, p. No. OJ L 265 of 09.10.2009 p. 9.

Definitions

§ 3. (1) In the sense of this Federal Act, the terms:

1.

"Application area" means the federal territory, with the exception of the areas of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg);

2.

"third country" means an area outside the territory of the European Union;

3.

"exporter" means any importer in accordance with Z 7, who exports such goods during the same period of time to which he imports goods in accordance with paragraph 2 (2) (1) to (Z);

4.

"export" means the movement of the goods referred to in paragraph 2 (2) (1) (1) to (4) for free circulation in a Member State of the European Union from the field of application or the export of such goods to a third country; the return of such goods to a third country; Quantities of compulsory emergency reserve of quantities temporarily released for free circulation from a customs warehouse intended solely for the holding of compulsory emergency reserves shall be subject to such a customs warehouse, without prejudice to the customs and excise duty provisions shall not be deemed to be Export; any return is to be reported immediately to the Federal Minister for Economic Affairs, Family and Youth;

5.

"holder" means all physical and legal persons as well as partnerships of the company law, which hold mandatory emergency reserve reserves as a stockholder in accordance with § 7 (1) Z 1 and Z 2, or as contractual partners in accordance with § 7 (1) Z 3;

6.

"IEP Convention", the Convention of 18 November 1974 on an International Energy Programme, BGBl. No 317/1976;

7.

"Importer"

a)

the physical or legal person as well as the civil society of the company law,

aa)

the goods referred to in paragraph 2 (2) (1) to (4), when the goods are released for free circulation from a third country, are recipients of the goods in the customs-legal sense; or

bb)

if the goods referred to in paragraph 2 (2) (1) to (4) are transferred from a Member State of the European Union to the field of application, the first domestic invoice recipient; for a series of transactions in which the last buyer is the product of a other Member States themselves shall be able to collect or collect them from other Member States, either when the goods are imported into a domestic tax warehouse within the meaning of the mineral oil tax law in 1995, the invoice and the name of the goods in the domestic tax warehouse. tax warehouse, or, in relation to a domestic registered Recipients (Section 32 of the Mineral Oil Tax Act 1995), this registered recipient; to this end, the holder of the tax warehouse has the Federal Minister of Economy, Family and Youth to the Federal Minister for Economic Affairs, Family and Youth on whose account and name the goods in his Tax warehouses have been introduced in writing to the corresponding officially published forms pursuant to § 15 (3), whereby the product names and quantities are to be listed in a monthly summary. If the holder of the tax warehouse is not responsible for the disclosure of the person on whose account and name the goods were placed in the tax warehouse, or if the tax warehouse owner is the person on whose behalf the goods are transferred to the tax warehouse, , the owner of the tax warehouse shall be deemed to be the importer. If the registered recipient does not make the announcement of the first domestic invoice recipient, the registered recipient shall be deemed to be the importer;

b)

the first consignee of the goods in the territory of the country in all other cases where goods referred to in paragraph 2 (2) (1) to (4) are transferred to the territory of the application;

c)

in cases where more than one undertaking under the single management of a capital company (parent undertaking) has its registered office within the meaning of Section 244 (1) of the Company Code, importers shall be subject to the conditions laid down in Article 244 (1) of the Company Code. (a or b) and the parent company has referred in writing to the Federal Minister for Economic Affairs, Family and Youth in the context of the notification pursuant to section 15 (3) as the importer, the parent undertaking;

8.

"import" the movement of the goods referred to in paragraph 2 (2) (1) to (Z), for free circulation, from a Member State of the European Union to the field of application or the release for free circulation of such goods. a third country; the temporary movement of compulsory emergency reserves from a customs warehouse intended solely for the holding of compulsory emergency reserves shall be released for free circulation, but shall, without prejudice to customs and customs legislation, Consumption tax provisions shall not be imported until such time as the owner will be rescinated as a mandatory emergency reserve; any temporary transfer and modification of the dedication by the owner shall be notified immediately to the Federal Minister for Economic Affairs, Family and Youth;

9.

"Holder of a tax warehouse" holder of a mineral oil warehouse, to which an authorization pursuant to § 27 or § 29 of the mineral oil tax law 1995, BGBl. No 630/1994, (tax warehouse);

10.

"warehousekeeper" means all physical and legal persons as well as partnerships of the company law which, in accordance with § 8, assume the obligation to provide a storage obligation in whole or in part for a person who is subject to a storage obligation;

11.

"new importer" means importer in accordance with Z 7, who, for the first time during the calendar year, has imported goods in accordance with paragraph 2 (2) (1) to (4) and has not carried out any of those activities during the previous calendar year;

12.

"Contract partners pursuant to § 7 (1) Z 3" all physical and legal persons as well as partnerships of the company law, which have assumed the obligation under private law contract, a certain amount of mandatory emergency reserve assets to the Available. They do not have the rights and obligations of the stockholder, but those of the holder (Z 5).

(2) In the sense of this Federal Law:

1.

"Oil"

a)

Petroleum oils and oils of bituminous minerals, crude, heading No 2709 00 of the Combined Nomenclature, Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 139, 30.4.1987, p. No. 1, as last amended by implementing Regulation (EU) No 155/2012, OJ L 344, 28.12.2012, p. No. OJ L 50, 23.02.2012 p. 1, with the exception of high-sulphur bituminous shale oil;

b)

Semi-finished products of the product group "heating oil" products of subheadings 2710 19 51, 2710 19 55, 2710 19 71, 2710 19 75 for the production of petroleum products in accordance with Z 2;

2.

"petroleum products" means the following products of heading 2707, 2710, 2711, 2713 and 2901 of the combined nomenclature:

a)

"Benzine"

aa)

Goods of subheadings 2707 20 10, 2707 30 10 and 2707 50 10 and 2710 12 11, 2710 12 15, 2710 12 21, 2710 12 25, 2710 12 31, 2710 12 41, 2710 12 45, 2710 12 49, 2710 12 51, 2710 12 59, 2710 12 70, 2710 12 90 of the Combined Nomenclature, excluding Petroleum ether, n-hexane and n-heptane, and

bb)

Methyl tert-butyl ether (MTBE) and ethyl tert-butyl ether (ETBE), provided that they are used as fuel, and

cc)

Biofuels which are used as gasoline, to the extent that they are not already taken into account in the gasoline of the above-mentioned subheadings by means of contetations;

b)

"Petroleum" means the goods of subheadings 2710 19 11, 2710 19 15, 2710 19 21, 2710 19 25, 2710 19 29 of the Combined Nomenclature;

c)

"Gas oils"

aa)

Goods of subheadings 2710 19 31, 2710 19 35, 2710 19 43, 2710 19 46, 2710 19 47, 2710 19 48, 2710 20 11, 2710 20 15, 2710 20 17, and 2710 20 19 of the Combined Nomenclature, including the particularly marked gas oil according to § 9 of the Mineral Oil Control Act 1995, BGBl. No 630/1994;

bb)

Biofuels which are used as gas oils to the extent that they are not already taken into account in the gas oils of the above-mentioned subheadings by means of conmentions;

d)

"heating oil" means goods of subheadings 2710 19 51, 2710 19 55, 2710 19 62, 2710 19 64, 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39 of the Combined Nomenclature;

e)

"lubricating oils and other oils" means the goods of subheadings 2710 19 71, 2710 19 75, 2710 19 81, 2710 19 83, 2710 19 85, 2710 19 87, 2710 19 91, 2710 19 93, 2710 19 99 and 2710 20 90 of the Combined Nomenclature;

f)

"petroleum coke" means the goods of subheadings 2713 11 00 and 2713 12 00 of the Combined Nomenclature;

g)

"Chemical raw materials" means the products of subheadings 2707 10 90 (petrol for other uses), 2711 14 00 (ethylene, propylene, butadiene), 2901 21 00 (ethylene), 2901 22 00 (propene), 2901 24 00 (buta-1,3-diene) of the combined nomenclature;

h)

"bitumen" means goods of subheading 2713 20 00;

3.

"Biofuels":

a)

"bioethanol" shall be a non-fermented ethanol produced from biomass and/or biodegradable parts of waste with an alcohol content of at least 99% by volume;

b)

"fatty acid methyl ester" (FAME, biodiesel), which is a methyl ester derived from vegetable or animal oils or fats;

c)

"Biomethanol", which is a methanol produced from biomass and/or biodegradable parts of waste;

d)

"Biodimethylether", which is a dimethyl ether produced from biomass;

e)

"Bio-ETBE (ethyl-tert-butyl-ether)", which is a bioethanol-based ETBE with an eligible biofuel volume percentage of 47%;

f)

"Bio-MTBE (methyl tert-butyl ether)", which is an MTBE produced on the basis of biomethanol, with an accounting biofuel volume percentage of 36%;

g)

"Synthetic biofuels" means synthetic hydrocarbons or synthetic hydrocarbon mixtures obtained from biomass;

h)

"bio-water" means a hydrogen produced from biomass and/or biodegradable parts of waste;

i)

"pure vegetable oil" means a chemically unmodified oil obtained by pressing out, extraction or comparable processes from oilseeds in a crude or refined form;

j)

"Superethanol E 85", the mixtures produced in a tax warehouse in accordance with Article 25 (2) of the Mineral Oil Control Act 1995, which are in the period of 1. October to 31 March (winter half-year), have a bioethanol content of at least 65% and not more than 75% vol. and in the period from 1 April to 30 September (summer half-year) of at least 75% and not more than 85% vol.

4.

"Raw materials":

a)

plant and animal raw materials for the direct production of biofuels;

b)

vegetable and animal fats and oils, whether or not chemically modified, of Chapter 15 of the Combined Nomenclature, as well as of vegetable and frying oils and fat-leaving fats of plant or animal origin for the direct production of biofuels;

c)

the methyl esters of Chapter 38 of the combined nomenclature, referred to in (b), provided that they are used as a fuel component or as a biogenic fuel;

d)

ethyl alcohol produced by alcoholic fermentation of heading No 2207 of the Combined Nomenclature, provided that it is used as a fuel component or as a biogenic fuel;

e)

Fatty acid methyl ester (FAME), which, because of its properties, is not suitable as a direct biofuel;

The Federal Minister for Economic Affairs, the Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, designate by means of regulation those raw materials for the direct production of biofuels, which are In accordance with § 4 (1), an applicable conversion key (§ 6 para. 4) is to be determined for the respective raw material;

5.

"natural gas" means the goods of subheadings 2711 11 00 and 2711 21 00 of the Combined Nomenclature.

The Federal Minister for Economic Affairs, Family and Youth may adjust the definitions by means of a Regulation, provided that this is necessary on the basis of changes in the Combined Nomenclature.

(3) Where reference is made in this Federal Act to provisions of other federal laws, these provisions shall be applied in their respectively applicable version.

(4) In so far as personal names are only mentioned in male form in this Federal Act, they relate to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Section 2

Obligation to stock and to be held in advance

Pre-rattled

§ 4. (1) Importers of crude oil, petroleum products, biofuels or raw materials for the direct production of biofuels shall have to hold compulsory emergency reserves in accordance with the provisions of this Federal Law (stockpliable stocks). In the case of importers with a registered office in a third country or in another EU Member State, the first domestic recipient of goods shall be subject to a pre-rattlety. The obligation to maintain a stockholding is only due to such quantities of oil, petroleum products, biofuels or raw materials for the direct production of biofuels, which are owned either by the warehousekeeper (§ 3 para. 1 Z 10) or by the holder (§ 3 3 (1) (5)).

(2) The promotion of fuels imported into the main container of vehicles or their reserve containers does not constitute an export or import within the meaning of Section 3 (1) (4) or (Z) 8.

(3) Die in § 3 paragraph 2 Z 2 lit. e-ed goods shall not be subject to the obligation to supply goods if they are placed in the application area in containers of up to 200 litres.

(4) The

1.

§ 3 (2) (2) (a), "Benzine", goods listed in subheadings 2710 12 11, 2710 12 21, 2710 12 25 and 2710 12 90;

2.

§ 3 (2) (2) (b), "Petroleum", listed goods of subheading 2710 19 11;

3.

§ 3 (2) (e) (e), "lubricating oils and other oils";

4.

§ 3 (2) (2) (f), "Petrolcoke" (s);

5.

§ 3 (2) (2) (g), "chemical raw materials", and

6.

§ 3 para. 2 Z 2 lit. h, "Bitumen"

shall not be subject to the obligation to provide proof that the importer provides proof that the loose goods shipped to the application area are not used for energy use. This is also true in the case of raw materials for the direct production of biofuels. The Federal Minister for Economic Affairs, the Family and Youth, if international obligations are in conflict with this, can repeal the exemption from the obligation of supply by means of a regulation.

(5) Die in § 3 paragraph 2 lit. Products listed in the chemical raw materials used in the field of application of petroleum or petroleum products may be deducted from the quantity of crude oil imported to the extent of 50% of the quantity produced, provided that a deduction does not already apply: in accordance with paragraph 4. The Federal Minister for Economic Affairs, the Family and Youth may, if international obligations are in conflict with this, lift the deductibility by means of a regulation.

Scope of the obligation to supply

§ 5. (1) From 1 April each year (the beginning of a period of supply), storage providers shall each have 25% of the imports of crude oil and of the individual petroleum products, and of biofuels and raw materials for the direct production of biofuels in the preceding The calendar year (previous year's port) must be held as a mandatory emergency reserve in Germany. In the calculation of the scope of the obligation to supply, the stock must be taken into account, in particular by the central stocktaking office (ZBS) in accordance with § 9, the inventories, which are

1.

in storage tanks of refineries;

2.

transhipment storage for non-bottled oil;

3.

in tank warehouses on piping;

4.

on lighters;

5.

on coastal tankers;

6.

on tankers in ports;

7.

in bunkers of inland waterway vessels;

8.

in the form of tank floor stocks;

9.

as operating stocks or

10.

be kept by large-scale consumers on the basis of legal obligations or other regulatory arrangements,

to the extent that these stocks are permanently held as compulsory emergency reserves.

(2) The Federal Minister for Economic Affairs, Family and Youth may amend the percentage referred to in paragraph 1 by regulation if this is necessary for the fulfilment of international obligations.

(3) The Federal Minister for Economic Affairs, Family and Youth may, by way of derogation from paragraph 1, redefine the level of the mandatory emergency reserve reserves which are to be held at certain points in time, if this is necessary for the replenishing of the Mandatory emergency reserve assets after previous management measures is required.

(4) By way of derogation from paragraph 1 and paragraph 2, the Federal Minister for Economic Affairs, Family and Youth may, at the request of a person with a right of storage, fix the amount of the mandatory emergency reserves and the period of replenishing the Prescribe compulsory emergency reserves if necessary emergency reserves have been destroyed by means of war, terrorism, sabotage, technical infirmity, force majeure or otherwise.

(5) The import of the preceding year shall be determined by the quantities imported in the previous calendar year (import period). Oil or Petroleum products as well as biofuels or raw materials for the direct production of biofuels determined. It is about those quantities Oil or petroleum products, and biofuels or raw materials for the direct production of biofuels , which were exported in the same period to the pre-raternal parties. The quantities of fuels used for refuelling within the framework of international aviation and inland waterway transport are not eligible for export. In doing so, the export of Oil or petroleum products, and biofuels or raw materials for the direct production of biofuels shall be deducted from the import of crude oil on the basis of the conversion key referred to in Article 6 (3). The import of petroleum products can be achieved through the export of petroleum products within the groups of

1.

Benzines and test gasoline;

2.

petroleum and gas oils;

3.

Heating oils, spindle and lubricating oils (other than lubricating oils for lubricating purposes), other oils and residues

may be reduced.

Substitution

§ 6. (1) If the amount of compulsory storage (25% of the previous year's imports), calculated in petroleum units in accordance with paragraph 3, remains the same, the storage agent may, in place of petroleum products, oil in the sense of § 3 (2) (1) (1) (1) lit. a storage or replacement of petroleum products to the extent of not more than 20% of the quantities of the following product groups:

1.

Benzine and test gasoline;

2.

petroleum and gas oils;

3.

Heating oils, spindle and lubricating oils (other than lubricating oils for lubricating purposes), other oils and residues for further processing.

(2) In addition to petroleum within the meaning of Section 3 (2) (2) (1) (1) (1) (1), the person responsible for the storage a petroleum products are stored, but the proportion of

1.

Gasoline and test gasoline 20%;

2.

Petroleum and gas oils 30%

shall not be allowed to fall below the duty emergency reserve of petroleum products substituted by petroleum products, expressed in petroleum units, in accordance with paragraph 4. However, the proportion of heating oils, spindle and lubricating oils (other than lubricating oils for lubricating purposes), other oils and residues may be 35% of the oil-based mandatory emergency reserve of oil, expressed in petroleum units in accordance with paragraph 3. Petroleum fractions for further processing, residues, semi-finished products and other components which are used for the manufacture of the above-mentioned products are to be attributed to them after substitution has been carried out according to their nature. The substitution rules also apply mutagens to biofuels and raw materials for the direct production of biofuels.

(3) The calculation of the replacement quantities referred to in paragraph 1 and (2) shall be based on the following conversion keys:

Energy sources

Petroleum units

1 kg of petroleum according to § 3 para. 2 Z 1 lit. a and raw materials for the direct production of biofuels

1.00

1 kg of petroleum products, chemical raw materials and biofuels (including Semi-finished products according to § 3 paragraph 2 Z 1 lit. b)

1.20

(4) In the case of the fixing of the conversion keys for raw materials for the direct production of biofuels by Regulation of the Federal Minister for Economic Affairs, Family and Youth pursuant to § 3 (2) (4) (4), these conversion keys shall be the calculation of the To use replacement quantities instead of the conversion key set out in paragraph 3.

Compliance with the obligation to supply

§ 7. (1) The storage obligation can be fulfilled in the following manner at the discretion of the person responsible for the storage:

1.

by the holding of mandatory emergency reserve assets by the stockholding agent;

2.

by the common position of compulsory emergency reserves by two or more stockpiles;

3.

under private law, which requires the contracting party to make available a certain quantity of crude oil or petroleum products, biofuels or raw materials for the direct production of biofuels, these quantities being either: shall be the property of the person responsible for the storage or the contracting party.

4.

by taking over the stockholding obligation by stockholders according to § 8.

(2) In the case of the storage in accordance with paragraph 1 (1) (3), the contracts shall have a maturity of at least one year. The conclusion of the contract is to be proven by the Federal Minister for Economic Affairs, Family and Youth until the beginning of the period of the pre-payment period. The storage of compulsory emergency reserve assets as referred to in paragraph 1 Z 3 may only be carried out in tank storage facilities, which have a minimum size of 500 m. 3 . Third parties who have made a commitment to warehousing on the basis of private-law contracts shall not be allowed to continue to commit this obligation.

(3) In the case of an individual case, a shorter period than the period laid down in paragraph 2 may be approved by decision of the person who has been subject to the right of storage for contracts pursuant to paragraph 1 (1) (3), if this is due to business or technical reasons. , and compliance with the term of the term provided for in paragraph 2 is economically unreasonable for the authorities responsible for the storage of such products.

(4) Paragraph 3 shall apply mutatily to warehousekeepers in accordance with § 8. To the extent that it is intended to cover the storage of the stockholder in accordance with § 7, the Federal Minister for Economic Affairs, Family and Youth may, at the request of the warehousekeeper, by decision to conclude subyear contracts in accordance with paragraph 1 Z 3 .

(5) End-users who are subject to the obligation of a person who, in the preceding calendar year, are subject to a trader not subject to the obligation to provide storage in accordance with Article 4 (1) of this Regulation Oil or petroleum products and biofuels In the case of more than 1000 litres, a contract shall be concluded in accordance with paragraph 1 (1) (3) or (4). This contract may be concluded on behalf of the trader. These dealers shall include in the invoice an indication of the obligation to supply the storage in accordance with § 4.

Takeover of the storage obligation by warehousekeepers

§ 8. (1) The obligation to supply storage may be wholly or partly taken over in accordance with the conditions laid down in paragraphs 2 to 6 of storage holders with a liberating effect for the person who is subject to the obligation to pay a deposit.

(2) Storage holders who wish to take over the obligation to supply a third party require a permit from the Federal Minister for Economic Affairs, Family and Youth for the purpose of carrying out this activity. The approval shall be granted if the warehousekeeper, according to expertise, internal institution and previous conduct, offers the guarantee of a proper posture of mandatory emergency reserve assets under this federal law. In particular, the guarantee of a proper posture of mandatory emergency reserves shall not be given if:

1.

the warehousekeeper does not comply with his or her obligation to provide for a stockholder or reporting obligation or has not complied with the past in the past,

2.

the warehousekeeper is under the dominant influence of a stockholder who does not comply with his or her obligation to supply or report, or who has not complied with it in the past;

3.

the warehousekeeper has a dominant influence on a stockholder who does not comply with his or her obligations under the storage or reporting system or who has not complied with the past in the past; or

4.

the warehousekeeper and a stockholder who does not comply with his or her stockholding or reporting obligation or has not complied in the past is under the dominant influence of a third company.

In any case, a dominant influence is present when a company is involved in another company with at least 50 vH. The Austrian Chamber of Commerce, the Federal Chamber of Labour and the Austrian Federation of Trade Unions are to be heard before the approval of the Austrian Chamber of Commerce and the Austrian Chamber of Commerce before the approval of the Austrian Chamber of Commerce.

(3) The warehousekeepers shall issue a confirmation of the acceptance of the stockholding duty, indicating the extent of the commitment taken, in particular the quantity of compulsory emergency reserves to be kept, and the duration of the transaction. The Federal Minister for Economic Affairs, the Family and Youth is to be immediately informed of the issue of such confirmations by the warehousekeeper.

(4) With the issuing of the confirmation of the acceptance of the storage obligation, the warehousekeepers in the scope of the confirmation shall be deemed to be a stockholder in the sense of § 4.

(5) The Federal Minister for Economic Affairs, the Family and the Youth has to lay down, by means of a regulation, a maximum tariff for the adoption of the obligation to supply 1 000 oil units per 1 000 units. The tariff shall be such as to cover the costs associated with the position of the compulsory emergency reserves. A differentiation by product groups is permitted. Provision should be made for the entry into force of the beginning of the pre-payment period. The regulation is to be published in the official journal of the Wiener Zeitung.

(6) The Federal Minister for Economic Affairs, Family and Youth has to revoke the approval pursuant to paragraph 2 if the warehousekeeper does not fulfill his obligations under this federal law or if the conditions for the approval pursuant to paragraph 2 are no longer fulfilled. exist. In this case, the Federal Minister for Economic Affairs, Family and Youth, in accordance with § 5 (4), has to determine the position of the mandatory emergency reserve assets for the stockpans whose stockholding duty has been taken over.

(7) taxes, duties or customs amounts included in the cost of the supply of oil, as well as compensatory amounts for agricultural products and their processing products, wholly or in part, or decrease in the cost of such products; Oil stocks, the prices are to be reduced by these amounts.

Central storage facility

§ 9. (1) The oil storage company m.b.H. is set up as the central stockholding office (ZBS). The ZBS is a warehousekeeper according to § 8. The following additional provisions apply to the ZBS:

1.

The ZBS must be a capital company with its registered office in Austria, the subject of which is the assumption of the obligation under this Federal Act. A supervisory board must be provided for this company, one representative of the Federal Minister for Economic Affairs, Family and Youth, and one representative of the trade association of the energy trade association. This company is exempted from the provisions of the 1994 Commercial Code, unless otherwise provided for in the last sentence of this paragraph. In the case of profit-making objectives, it may only use the profits to form equity capital or to strengthen it. Profits from the disposal of stocks are to be allocated to a committed, untaxed reserve. If the reserve is not used for the procurement of storage stocks in accordance with Z 7 within a period of five years after formation, this shall be dissoluted effectively. The collection of stocks shall be carried out on the basis of the principles of economy, economy and expediency, taking into account the respective market situation. The operating systems of the 1994 Commercial Code shall apply with the proviso that the Landeshauptmann shall be responsible for the granting of the operating permit. § 69 of the Insolvency Code shall not apply to this capital company.

2.

The ZBS shall not operate any business which does not directly or indirectly serve the object of the company.

3.

The ZBS has to take into account regional supply points in the location of the camps. This is to be examined by the Federal Minister for Economic Affairs, the Family and Youth, and the hearing of the Länder.

4.

The ZBS has general conditions for the takeover of the obligation to supply the stock, which require the approval of the Federal Minister for Economic Affairs, Family and Youth and which are to be published in the "Official Journal of the Wiener Zeitung". The authorisation shall be granted if the general conditions are in accordance with the requirements referred to in Article 8 (2).

5.

The ZBS has to conclude a contract for the acceptance of the storage obligation with each of the pre-raterers who offers such an offer (§ 8 para. 5) and the general conditions (Z 4).

6.

The ZBS has to present annually its balance sheets, annual reports, auditor reports as well as the profit and loss account to the Austrian Chamber of Commerce, the Federal Chamber of Labour and the Federal Minister for Economic Affairs, Family and Youth. The ZBS is obliged to provide information on the management of the ZBS in relation to the Austrian Chamber of Commerce, the Federal Chamber of Labour and the Federal Minister for Economic Affairs, Family and Youth.

7.

The sale of stocks and the allocation of orders above a value of EUR 400 000 must be carried out under the appropriate application of the Bundesvergabegesetz 2006, BGBl. I No 171/2006, as amended, by way of invitation to tender. Only in those cases in which an invitation to tender contradicts the principles of economic efficiency may be awarded with a restricted invitation to tender or by a free hand.

8.

The ZBS has to comply with the principles of economy, cost-effectiveness and expediency in the management of the company.

9.

The ZBS may only provide information on the storage obligations which have been transferred in whole or in part to the Federal Minister for Economic Affairs, the Family and Youth.

10.

The ZBS is entitled, in compliance with the provisions of Z 7 and Z 8, to build up inventories to cover mandatory emergency reserve assets taken over in the future. The extent of the stockpiles constructed in such a way shall not exceed 10% of the stock of stockpiles accepted for the respective cut-off date (1 April of each year). The Federal Minister for Economic Affairs, the Family and Youth can increase this percentage of stored stocks to up to 20% by means of a regulation. The above regulation also applies to the keeping of stocks for which there is no longer an obligation to stand by assumed stockpiles of stockpiles.

11.

The ZBS continuously has complete information, broken down by category, on the quantities to be kept, which it is able to keep.

12.

The ZBS shall publish, at least seven months before the beginning of a period of payment, the conditions under which it is prepared to accept the obligation to provide a stock of obligations for companies.

(2) A federal liability may be assumed for the collateralization of bonds, loans and loans of the ZBS for the production and maintenance of mandatory emergency reserve reserves.

(3) Without prejudice to the provisions of Section 5 (1), the Federal Minister for Economic Affairs, Family and Youth may, at the request of the ZBS, authorise the ZBS to inform the tank space available for the purposes of crisis management, within the framework of the state contract between the Republic of Austria and the Republic of Italy for the use of facilities of the oil port Trieste, BGBl. No 228/1987, to maintain the stockpiles of compulsory emergency reserves in the Trieste tank storage facility of the Transalpine Oil Line (TAL), which are to be carried over to him. In order to grant this authorisation, the issuing of an irrevocable private-law undertaking by the warehousekeeper, the organs of the Federal Minister responsible for the verification of emergency reserve reserves, shall be issued. Business, family and youth, or with the independent third parties responsible for checking the crude oil stocks held in the Trieste tank storage facility, at any time access to the crude oil stocks stored in the Trieste tank storage facility at the usual business hours . Cash outlays are to be worn by the storage holder.

(4) The ZBS has the Federal Minister for Economic Affairs, Family and Youth at any time to prove that the crude oil stocks stored in Trieste are constantly available and via the pipeline system of the TAL and the Adria-Wien Pipeline GmbH (AWP) can be brought to the country within a reasonable period of time.

(5) The Federal Minister for Economic Affairs, Family and Youth may lift the authorization for the storage of crude oil stocks in the Trieste tank storage facility if the ZBS does not comply with the obligations imposed on it pursuant to paragraphs 3 and 4.

(6) Provided that the Federal Minister for Economic Affairs, Family and Youth is authorized to conclude the provisions of the Ressortconvention pursuant to Art. 66 (2) B-VG, he may, for a certain period of time, be able to conclude an agreement on the holding of compulsory emergency reserves of others Member States of the European Union in Austria shall conclude by means of the ZBS, with the exception of the sale and purchase of compulsory emergency reserve assets. Further conditions for the conclusion of such an agreement are:

1.

Security of supply in Austria must not be affected by the conclusion of such an agreement.

2.

The existence of a corresponding private-law agreement with the Austrian ZBS.

3.

The availability of the appropriate tank space.

For this business unit of the ZBS is a request for federal liability according to § 1 of the Petroleum Law Subsidies Act, BGBl. No 161/1977, in the current version, not allowed.

(7) The Federal Minister for Economic Affairs, Family and Youth shall immediately announce, after the sum of the imports of one year in the first quarter of the following calendar year of the ZBS, those quantities of crude oil and petroleum products which shall be deemed to be Mandatory emergency reserves are to be held from 1 April. The ZBS is obliged, taking into account the mandatory emergency reserves not to be held by it, to keep in stock a quantity of crude oil and petroleum products which ensures that Austria will fulfil its international obligations to: the maintenance of mandatory emergency reserve assets. To this end, the Federal Minister for Economic Affairs, Family and Youth of the ZBS announces monthly quantities of oil and petroleum products in anonymized form, which were landed by the Federal Minister for Economic Affairs, Family and Youth. Reports shall be kept by the remaining members of the Board of Management.

Merger and insolvency

§ 10. (1) The importer has to report immediately to the Federal Minister for Economic Affairs, Family and Youth the opening of the insolvency of his assets as well as the rejection of the insolvency due to lack of mass.

(2) In the case of mergers of undertakings, the rights and obligations under this Federal Act shall be applied to the legal successor. Mergers of stockholders according to § 8 with the ZBS are permitted only with the agreement of the Federal Minister of Economy, Family and Youth in agreement with the Federal Minister of Finance.

Section 3

Import and Export

Import

§ 11. (1) Where mineral oils from other EU Member States are brought into the field of application for commercial purposes or in mail order, the accompanying document provided for in Article 42 of the 1995 Petroleum Tax Act shall be submitted at the same time to the accompanying document for The customs office responsible for the purposes of enforcement of this Federal Law shall submit a reporting note in two copies, in accordance with the model set out in the Appendix.

(2) The customs office referred to in paragraph 1 shall check the information in the notification document with those in the accompanying document for agreement and, after verification, to forward a copy to the Federal Minister for Economic Affairs, Family and Youth. The second copy remains at the customs office. If the information in the reporting document is not in accordance with those in the accompanying document, the customs office has to request the person to be registered for the correction. If the application for registration does not allow the registration to be corrected or if he refuses to submit the notification, the customs office shall report this within four weeks to the Federal Minister for Economic Affairs, Family and Youth. At the same time, the customs office has to report to the Federal Minister for Economic Affairs, Family and Youth the data provided for in the reporting document, using the accompanying document.

(3) If the presentation of an accompanying document in accordance with paragraph 1 is not required, the mineral oil tax debtor shall submit the notification document at the same time as the tax declaration.

(4) The Federal Minister of Finance has the Federal Minister for Economic Affairs, Family and Youth for each calendar month up to the 15. the data otherwise provided on the reporting date with regard to the transfers of crude oil or petroleum products to be released for free circulation during that calendar month.

(5) In the case of notifications under the simplified procedure referred to in Article 76 (1) (b) or (c) of the Code (Council Regulation (EEC) No 2913/92 of 12 June 1992). October 1992, OJ C 327, EC No L 302 of 19.10.1992), the transmission of the data referred to in paragraph 4 must be carried out until the end of the following month and the customs authority may require that the notifier together with the supplementary application (Article 59, para. 2 of the Customs law implementing law, BGBl. No 659/1994) shall be submitted.

(6) The Federal Minister for Economic Affairs, Family and Youth is entitled to demand information from the Federal Minister of Finance or the customs authorities for the purposes of this Federal Law concerning the data that appear in the reporting certificate.

(7) The Federal Minister of Finance and the customs authorities may be responsible for the collection and transmission of the data referred to in this paragraph and in order to obtain the information requested in accordance with paragraph 6 of the computerized data processing and the information provided by the Use automation-supported data transmission.

(8) The Federal Minister of Finance, in agreement with the Federal Minister for Economic Affairs, Family and Youth, may waive all or certain operations on the reporting form if the automation-assisted reporting of the required data to the Federal Minister for Finance Federal Minister for Economic Affairs, Family and Youth is guaranteed.

(9) The Federal Minister of Finance has the Federal Minister for Economic Affairs, Family and Youth for each calendar month from 15. of the following month, no later than after receipt of all the electronic receipt confirmations received for this calendar month in the Excise Movement Control System (EMCS) of the Federal Minister of Finance, otherwise provided on the reporting text In respect of the shipments made during this calendar month pursuant to Section 29a of the Mineral Oil Tax Act 1995, by electronic means. In the event of a system failure of the procedures based on § 29a of the Mineral Oil Tax Act 1995, the data shall be returned at the time of re-entry. If a system failure necessitates a temporary procedure based on paper forms, the provisions of Section 11 (1) for accompanying documents in accordance with Section 42 of the Mineral Oil Tax Act 1995 shall apply in accordance with the relevant provisions for these paper forms.

(10) For the purpose of controlling the information on the deductions of exports in order to reduce imports in accordance with Section 5 (5), the Federal Minister of Finance has the Federal Minister for Economic Affairs, Family and Youth for each calendar month from 15. of the following month, at the latest upon receipt of all the electronic receipt confirmations received in the EMCS for this calendar month, otherwise provided on the reporting date with respect to the dispatches of this calendar month from To transmit to a Member State by electronic means in accordance with § 29a. In the event of a system failure of the procedures based on § 29a of the Mineral Oil Tax Act 1995, the data shall be returned at the time of re-entry. The Federal Minister of Finance also has the Federal Minister for Economic Affairs, Family and Youth for each calendar month the data otherwise provided for in the registration form regarding the exports from Austria to the Federal Republic of Austria in this calendar month. Third country shall be sent by electronic means as soon as these data are fully available and available in electronic format.

New import of the import

§ 12. (1) Who Oil or petroleum products, biofuels or raw materials for the direct production of biofuels , which are subject to the scope of this law (§ 3 paragraph 2 Z 1 to Z 4), it is intended to notify the Federal Minister of Economy, Family and Youth in writing prior to the admission of such an activity.

(2) In the first quarter of the calendar year after the import activity has been taken up, no mandatory emergency reserves shall be held. In the second quarter and every other quarter, 25% of imports shall be kept for every quarter of the previous calendar. From the end of the calendar year, which coincides with the end of the fourth quarter of the calendar year after the date of import of the import activity, or which follows it, the extent of the emergency reserve reserves shall be determined in accordance with § 5.

Setting the import

§ 13. Has a pre-adviser the import of Oil or petroleum products, and biofuels or raw materials for the direct production of biofuels , it may, after the fulfilment of its obligation to supply, have the required emergency reserve reserves, provided that the importer is the owner of the required emergency reserve reserves. The storage obligation is fulfilled by 31 March of that year, during which no imports were carried out in the previous year.

Section 4

Storage

Storage of mandatory emergency reserves

§ 14. (1) Mandatory emergency reserves shall be stored in such a way as to maintain the nature of the stored energy sources. They can be held together with other stocks in a storage container. In such a case, appropriate arrangements shall be made to ensure the maintenance of the mandatory emergency reserves at any time. The respective level of storage and the required level of compulsory emergency reserves must also be able to be recorded physically in the accounts and on the basis of the stock of the book.

(2) Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels may only be stored in containers which are approved in accordance with the relevant legislation and are equipped with a measuring device. In addition, they must have filling devices which are suitable for filling the emergency reserve in transport devices.

(3) The storage obligation cannot be carried out with the quantities of Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels , which are located in road tankers, rail tank wagons, petrol stations or in piping systems.

(4) stocks which are not available for technical reasons even in the most serious emergency (Art. 1 (2) of the Annex to the IEP Convention), it is not necessary to count on the mandatory emergency reserve assets. These stocks are to be measured with 10% of the mandatory emergency reserves. The Federal Minister for Economic Affairs, the Family and Youth can amend this percentage by regulation in order to fulfil international obligations.

Section 5

Reports, surveys and statistics

Annual report and monthly import notification

§ 15. (1) Up to the end of the month of February of each year, a person who is subject to a charge shall, in writing, submit to the Federal Minister for Economic Affairs, Family and Youth, the previous year's port (§ 5 (1)) in writing, in accordance with the forms to be published in this case. Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels to report. At the same time, the notification shall indicate whether and to what extent the storage obligation is fulfilled in accordance with § 7 (1) Z 1 to Z 4, by providing appropriate evidence.

(2) The notifiers referred to in paragraph 1 of this Article shall have the Federal Minister for Economic Affairs, Family and Youth up to the age of 15. of the following month's imports in the previous month Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels in writing, in accordance with the forms to be listed in this article.

(3) In the case of recipients of tax warehouses announced under Section 11 (9) of the Federal Minister of Finance, these holders are not at the same time those on whose account and name the goods are placed in the tax warehouse , the Federal Minister for Economic Affairs, Family and Youth, have been responsible for the 15 years. of the following month, those on whose account and name the transfers to the tax warehouse took place, in writing, in accordance with the forms to be listed in writing. The registered consignee (§ 32 of the Petroleum Tax Act 1995) has to disclose the first domestic invoice recipient in the same way if the reference was not made within the framework of a series business and therefore the authorized recipient does not Importer in accordance with § 3 paragraph 1 Z 7 lit. a sublit. bb. If the holder of the tax warehouse is not responsible for the disclosure of the person on whose account and name the goods were placed in the tax warehouse, or if the tax warehouse owner is the person on whose behalf the goods are transferred to the tax warehouse, , the owner of the tax warehouse shall be deemed to be the importer. If the registered recipient does not make the announcement of the first domestic invoice recipient, the registered recipient shall be deemed to be the importer. This applies analogously also to parent companies according to § 3 paragraph 1 Z 7 lit. c.

Monthly reporting on the status of mandatory emergency reserves

§ 16. The Federal Minister for Economic Affairs, the Family and Youth shall have the status of compulsory emergency reserves in writing at the respective month's last in writing in accordance with the forms to be officially listed up to the 15. of the following month.

Notification of storage capacities

§ 17. The Federal Minister for Economic Affairs, the Family and Youth shall have to disclose annually to the Federal Minister for Economic Affairs, the name, capacity and suitability of the storage capacity in writing, in accordance with the terms and conditions to be published for this purpose, which shall be: are also used for the inclusion of mandatory emergency reserves. The reports are on 31 December of the reference year up to 31 December. January of the following year.

Recording requirements

§ 18. Stoves shall keep records continuously showing the level of storage and of the status of compulsory emergency reserves in a clear and clear way. If compulsory emergency reserve reserves are stored together with other stocks in containers (Section 14 (1)), the stock shall be measured at least once a month, otherwise at least once a month. If, during the measurement, the required emergency reserve reserves are to be underwritten, the Federal Minister for Economic Affairs, the Family and Youth shall be reported to report to the Federal Minister for Economic Affairs no later than the following day after the measurement.

Surveys to fulfil international obligations

§ 19. (1) Provided that it is necessary to meet international obligations, the Federal Minister for Economic Affairs, Family and Youth has, by means of regulation, surveys that are based on oil companies (Art. 26 of the IEP Convention), to order the following items:

1.

Application of Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels including estimates of estimated application in the individual months of the following calendar year;

2.

Availability and use of means of transport for Oil and petroleum products as well as biofuels and raw materials for the direct production of biofuels ;

3.

other objects, in particular in accordance with Articles 25 to 36 of the IEP Convention.

(2) In the regulations referred to in paragraph 1 in particular:

1.

the entry of the notification obligation,

2.

the circle of reporting persons,

3.

the items of the notification,

4.

the dates of notification and the periods to which the notifications have to be made.

(3) For the verification of the substitution obligations pursuant to § 11 and § 26a of the Kraftfahrgesetz 1967, BGBl. No 267/1967, and the Fuel Regulation adopted in its implementation, BGBl. II No 418/1999, as well as to fulfil the annual reporting requirements laid down in Directive 2009 /28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC, OJ L 206, 22.7.2001, p. No. 16., the Federal Minister for Agriculture, Forestry, the Environment and Water Management, is responsible for the business-related survey data on biofuels and raw materials for the direct production of biofuels. .

Statistics

§ 20. (1) The Federal Minister for Economic Affairs, the Family and Youth is authorized to carry out statistical surveys and other statistical work on the storage and distribution of crude oil and petroleum products, as well as on biofuels and raw materials. To arrange and carry out the production of biofuels. This authorisation does not include statistical surveys in relation to the extraction of coal and liquid hydrocarbons.

(2) The statistical surveys have to be arranged by means of a regulation. In addition to the arrangement of statistical surveys, the Regulation should include in particular:

1.

The survey mass;

2.

statistical units;

3.

the nature of the statistical survey;

4.

Survey characteristics;

5.

Feature extraction;

6.

the frequency and time intervals of the data collection;

7.

the determination of the group of persons who is obliged to provide information;

8.

whether and to what extent the results of the statistical surveys are to be published, with the provisions of Section 19 (2) of the Federal Statistics Act 2000, BGBl. I No 163/1999 should be taken into account.

(3) The transfer of individual data to the Bundesanstalt "Statistik Österreich" for the purpose of federal statistics is permissible.

(4) The implementation of the surveys and the processing of the data obtained on the basis of these surveys shall be carried out with the appropriate application of the provisions of the Federal Statistics Act 2000.

(5) In order to verify the substitution obligations in accordance with § 11 and § 26a of the Kraftfahrgesetz 1967 and the fuel ordinance issued in its implementation, BGBl. II No 418/1999 and compliance with the annual reporting requirements laid down in Directive 2003 /30/EC on the promotion of the use of biofuels or other renewable fuels in the transport sector, OJ L 206, 22.7.2003, p. No. OJ L 123 of 17.05.2003 p. 42, as last amended by Directive 2009 /28/EC, OJ L 123, 17.5.2009, p. No. 16., the Federal Minister for Agriculture, Forestry, the Environment and Water Management are the company-related data relating to biofuels and raw materials for the direct production of biofuels, which are available to the Preparation of the statistics referred to in paragraph 1 are to be left to the discretion of the

Data transmission by electronic means

§ 21. The transmission of data to the Federal Minister for Economic Affairs, the Family and Youth on the basis of the reporting requirements and statistical surveys laid down in sections 3, 5 and 8 shall be permitted by electronic means if the Federal Minister for Economy, family and youth are used formats.

Use of statistical results

§ 22. The results of surveys carried out in accordance with sections 3, 5 and 8 may only be used for the purposes of the enforcement of this federal law and for statistical surveys and statistical work in accordance with § 20.

6.

Control

Testing of stocks

§ 23. (1) The Federal Minister for Economic Affairs, Family and Youth can check the status of the compulsory emergency reserves, their nature and the condition and equipment of the camps at any time during the usual business hours. At any time, free access to the warehouses and access to all storage records shall be granted to the control bodies at the usual business hours. The inspection may also include the removal of samples to be granted to the extent necessary. For this purpose, they can serve the authorities of the general public administration and also draw up or commission appropriate experts. These verifications may also be attended by representatives of the European Commission.

(2) If there are reasonable grounds for suspecting that the stocks or the nature of the mandatory emergency reserves are not properly identified, the control body may require the physical uptake of the stock and the transfer and delivery of the inventory. Petroleum and petroleum products, as well as biofuels and raw materials for the direct production of biofuels in or from containers holding compulsory emergency reserves, shall be temporarily and temporarily set for such a period of time as for the Examination of stocks is necessary. For this purpose, it can serve the authorities of the general public administration and also draw up or instrucend appropriate experts.

Section 7

Criminal provisions

Breach of the obligation to supply

§ 24. (1) If the action does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out, who shall not comply with its obligation to supply the courts pursuant to § 4, and shall be by the district administrative authority with a fine of up to EUR 58 120, in the event of its inability to punish for up to six months, and in the case of a negligent commission with a fine of up to EUR 29 060, in the event of its inconvenience, with a fine of up to EUR 29 060. To punish a replacement for up to three months.

(2) If the perpetrator has unlawfully enriched himself or a third party with his knowledge by committing an act threatened with punishment in paragraph 1, he or the third party shall be entitled to payment of an amount corresponding to the extent of the enrichment. commit. An obligation on the part of the third party to pay a sum of money corresponding to the extent of the enrichment shall exist even if the third party had to know of the enrichment effected by the act.

(3) A measure referred to in paragraph 2 may be waited if the asset benefit is negligable or if the measure uncheaply fights the person concerned.

(4) Where there is a risk that international obligations may be infringed by an act threatened with punishment in paragraph 1, the Authority shall, if it is appropriate to arrange for the compliance of the ZBS with the obligation to supply the storage under the terms of Section 4. and to oblige the perpetrator to replace the adult costs.

(5) The period of limitation (Section 31 (2) of the VStG) is one year.

Criminal offences

§ 25. If the offence does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender shall be committed and shall be punished by the district administrative authority with a fine of up to EUR 2 180, who shall:

1.

does not repleniate its mandatory emergency reserves within the period prescribed by the Federal Minister for Economic Affairs, the Family and Youth with a regulation pursuant to Section 5 (3) or with a communication pursuant to Article 5 (4);

2.

Contrary to the provisions of Section 7 (2) concerning the prohibition of the continuation of a commitment made pursuant to section 7 (1) (3) (3) of the Treaty,

3.

the obligation to accept the obligation to provide proof of the obligation to provide a storage obligation in accordance with Section 7 (5) does not comply;

4.

the activity of a warehousekeeper, without authorization pursuant to § 8,

5.

does not issue or display the necessary confirmations pursuant to section 8 (3) as a warehousekeeper,

6.

exceeds the maximum tariff for the acceptance of the stockholding obligation pursuant to Article 8 (5),

7.

the ZBS is in breach of the provisions of § 9,

8.

the reports and information referred to in sections 3, 5 or 8 are not, or are not reimbursed in time, inaccurate or incomplete,

9.

the obligation to submit a notification document in accordance with § 11 shall not be complied with;

10.

does not comply with the provisions of § 18 on the management of records;

11.

does not comply with the statistical surveys arranged pursuant to Article 20 (2) of the Federal Minister for Economic Affairs, Family and Youth (Federal Minister for Economic Affairs, Family and Youth), or reports incorrect data intentionally or with gross negligence;

12.

the obligation to tolerate the checks in accordance with § 23.

Disclosures of data

§ 26. For the unlawful disclosure of data, the provisions of the Data Protection Act 2000, BGBl. I No 165/1999. The perpetrator shall only be persected at the request of the person who has been injured in his interest in secrecy.

Participation of the Federal Police

§ 27. The Federal Police shall provide assistance to the authorities and bodies competent pursuant to this Federal Act in order to ensure the exercise of their powers within the framework of their legal sphere of action.

8. Section

Power plant stock

Fuel supply of power plants

§ 28. (1) In order to ensure the supply of electricity, operators of power plants fired with fossil fuels shall be able to maintain fuel supplies to a level which will enable the supply of electrical energy to the extent of the power supply at any time To continue for 30 days or to cover your own needs.

(2) The fuel reserves shall meet the following conditions:

1.

The stocks must be located at the site of the power plant. The Federal Minister for Economic Affairs, Family and Youth may, on request, allow another storeroom if it is close to the power station and a transport connection to the power station, through which, within one day, the amount of fuel can be moved to the power station, which corresponds to its daily requirements.

2.

The power station operator must be entitled to dispose of the stocks at any time without the consent of a third party.

3.

The stocks may not be used for the performance of the obligation to provide storage under the other provisions of this Federal Act, other legislation or on the basis of contracts with third parties.

4.

The stocks may not be necessary for the appropriate stockpeting of other establishments of the power plant operator which is subject to stockpits.

5.

The nature of the stocks must comply with the existing legislation.

(3) The storage obligation does not apply to own facilities with less than 50 MW of congestion.

(4) The obligation to supply a power plant shall not exist in so far as it is

1.

is operated with natural gas, the supply of which is contractually secured for the period laid down in paragraph 1,

2.

is operated with gases other than natural gas or with waste,

3.

is operated with lignite from a nearby mine and there is a transport connection to the power station, which can be used to transport the amount of coal to the power station, which corresponds to the daily requirements of the power station.

(5) The Federal Minister for Economic Affairs, Family and Youth may, at the request of the Federal Minister for Economic Affairs, Family and Youth, to prevent imminent or remove difficulties in the supply of electricity to the power station operator or its customers. release of fuel stocks temporarily, but at the latest for a period of six months, calculated from the date of discharge, on the basis of a temporary release. This is only allowed for so long and as long as the difficulties cannot be remedied in other reasonable ways.

(6) Without prior approval pursuant to paragraph 5, charges from the stocks shall be permitted exceptionally if the release cannot be obtained in good time and a disturbance in the power supply cannot be avoided in other reasonable ways. The removal is to be reported immediately to the Federal Minister for Economic Affairs, Family and Youth and to apply for the subsequent release.

(7) In each case, the Federal Minister for Economic Affairs, Family and Youth shall report to the Federal Minister for Economic Affairs, Family and Youth in writing, in writing, by the end of the following month, using official forms:

1.

the stocks of fossil fuels held at each end of the month for each power plant covered by the storage obligation, indicating the place of storage and the range in days,

2.

the total stocks held at the end of the calendar quarter of the stock of fossil fuels by the stock-making power plant operator,

3.

the total consumption of fossil fuel and the consumption of the single power plant.

(8) The Federal Minister for the Economy, Family and Youth shall, at the request of the Federal Minister for Economic Affairs, Family and Youth, provide the Federal Minister for Economic Affairs, the Family and Youth with the information and submit the documents necessary to ensure the fulfilment of the To be able to monitor the storage obligation.

(9) An administrative surrender punishable by the district administrative authority with a fine of up to EUR 7 000 shall be carried out, who, intentionally or negligently, does not keep the prescribed fuel supplies in accordance with paragraph 1 above.

(10) An administrative surrender which is punishable by the district administrative authority with a fine of up to EUR 2 000 shall be carried out if the reports and information referred to in paragraph 6 and paragraph 7 are not reimbursed, or are not reimbursed in time, inaccurate or incomplete.

Section 9

Transitional and final provisions

Costs in case of official price fixing

§ 29. In the case of an official price fixing in accordance with the provisions of the 1992 price law, BGBl is the responsibility of the goods subject to the obligation under this Federal Act to be subject to the obligation to supply the goods. No 145/1992, taking full account of the commitment to the production and maintenance of compulsory emergency reserve assets per tonne.

Transitional provisions

§ 30. (1) Arch, which is due to the nature. II § 8 (3) of the oil-supply and reporting act 1982, BGBl. No. 546/1982, most recently idF of the Federal Law BGBl. I n ° 29/2010, have continued to be maintained. The Federal Minister for Economic Affairs, the Family and the Youth has to repeal these charges by means of a regulation if international obligations could be violated.

(2) Arch, which is due to the nature. II § 9 (2) of the Oil Taxation and Reporting Act 1982, BGBl. No. 546/1982, most recently idF of the Federal Law BGBl. I n ° 29/2010, have continued to be maintained. The Federal Minister for Economic Affairs, the Family and the Youth has to adjust the percentage by means of a regulation, if international obligations could be violated.

(3) The 1982 Law on Oil Taxation and Reporting, BGBl. No. 546/1982, most recently idF of the Federal Law BGBl. I n ° 29/2010, Regulations shall remain in force until such time as they are repealed by the same subject-matter of the Federal Minister for Economic Affairs, the Family and Youth.

Enforcement

§ 31. With the enforcement of this federal law are entrusted:

1.

(constitutional provision) With regard to § 1, § 31 Z 1 and § 32 (1) the Federal Government;

2.

as regards Section 9 (2) and (11) of the Federal Minister of Finance, in agreement with the Federal Minister for Economic Affairs, Family and Youth;

3.

as regards Section 26 of the Federal Minister of Justice;

4.

as regards Section 27 of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for the Interior;

5.

as regards Section 29 of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Finance;

6.

the Federal Minister for Economic Affairs, the Family and Youth.

entry into force

§ 32. (1) ( Constitutional provision ) § 1 and § 31 Z 1 shall enter into force with the day following the customer's notice. At the same time, species I, Art. II § 3 (6) to (8) and Art. IV (1e) of the 1982 Law on Oil Stocks and Reporting Act, BGBl. No. 546/1982, most recently idF of the Federal Law BGBl. I No 29/2010, except for

(2) This federal law shall enter into force with the date of the following day, with the exception of § 1 and § 31 Z 1. At the same time, the oil-supply and reporting act in 1982, BGBl. No. 546/1982, most recently idF of the Federal Law BGBl. I No 29/2010, with the exception of the species. I, Art. II § 3 (6) to (8) and Art. IV (1e), except for force.

Fischer

Faymann